Pages

Friday, 2 December 2011

Rent Arreas and Possession Proceedings

Article by
Kevin Timms

Claiming Possession from Unpaid Rent Arrears

If you are evicting a tenant based upon unpaid rent arrears (2 months/8 weeks), the court will require a statement showing such rent arrears before proceedings are issued and before the court hearing takes place. You must note that in many cases the tenant will not pay the due rent arrears once vacating the property. There are a number of reasons why this may be but generally, if the tenant cannot afford to pay you in the first instance, they will be unwilling and unable to pay once you have possession. However, it is a formal requirement that a statement of account is provided to the court.

When seeking possession of a property where the tenant is in rent arrears, it will be necessary for the landlord or his agent to attend any court hearing as they may have to give evidence.

If your tenant is in arrears you should act quickly as if you need to evict them it could take a number of months, still receiving no rent. In the first instance, notify your tenant, in writing, that rent is due immediately, followed by a section 8 notice requiring possession.

Defended Cases (Section 8 Notice)

When seeking possession of your property, the ideal way to do so is by way of a mandatory ground for possession. If you wish to try and obtain possession of your property using a discretionary ground, you will have to show the court that there are compelling reasons for possession to be granted with reference to appropriate evidence.

We understand how important it is that these matters are dealt with quickly to save costs to the landlord and also return the landlord to profit.

If you have any questions on the information explained above please do not hesitate to contact Kevin Timms of Garden House Solicitors on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk who will be happy to deal with your query.